FREE NOTES in CRIMINOLOGY for those who will self review.

Introduction to Criminal Investigation

1. Definition of Criminal Investigation
Criminal Investigation is the collection of facts in order to accomplish the
three-fold aims – to identify the guilty party; to locate the guilty party; and
to provide evidence of his (suspect) guilt.
2. The Anatomy of Crime
For any crime to happen, there are three elements or ingredients that
must be present at the same time and place. These are the Motive, the
Instrumentality and the Opportunity.
A. Motive refers to the reason or cause why a person or group of
persons will perpetrate a crime. Examples are dispute, economic gain,
jealousy, revenge, insanity, thrill, intoxication, drug addiction and many
others.
B. Instrumentality is the means or implement used in the commission of
the crime. It could be a firearm, a bolo, a fan knife, an ice pick, poison or
obnoxious substance, a crow bar motor vehicle, etc. Both the Motive and
Instrumentality belong to and are harbored and wielded respectively by
the criminal.
C. Opportunity consists of the acts of omission and/or commission by a
person (the victim) which enables another person or group of persons
(the criminal/s) to perpetrate the crime. Illustrative examples include
leaving one’s home or car unattended for a long time, walking all alone
in a well-known crime prone alley, wearing expensive jewelries in slum
area, readily admitting a stranger into one’s residence and the like.
Opportunity is synonymous with carelessness, acts of indiscretion and
lack of crime prevention-consciousness on the part of the victim.
3. Four (4) Reasons Why Crime Should Be Investigated
A. Future deterrence of Offenders
- The identification and punishment of a criminal offender will hopefully
deter him from other misconduct in the future.
B. Deterrence to Others
- Identification and punishment of an offender may likewise deter others
from engaging in similar undesirable activities.
C. Community Safety
- The investigative process also promote public safety by identifying and
bringing to court persons who pose a serious threat to the safety of the
community due to violent or otherwise strong anti-social behavior.
D. Protection of the innocent
- Finally, accurate investigations help to insure that only conduct which is
in fact criminal is punished, and the innocent parties will not be subjected
to prosecution.
4. Two (2) Types of Criminal Investigation
A. Investigation while the suspect is under arrest and detention;
General Rule; A person arrested by virtue of warrant of arrest is not
covered by criminal investigation and must not be placed under custodial
interrogation for obvious reason that he is already held accountable to
that particular crime before the court of justice.
Exemption to the Rule:
1. When the person arrested by virtue of a warrant of arrest is likewise
being held for a separate distinct criminal complaint which is the subject
matter of another criminal investigation.
2. When the person arrested by virtue of a warrant of arrest is charge in
court as “Jhon Doe” or “Richard Doe”, and for which criminal
investigation is a necessary incident to establish his real identity, name
surname through cartographic sketches and available witnesses.
3. A person placed under arrest as an incident to the execution and
implementation of a search warrant found in possession of recently
stolen articles.
B. Investigation while the suspect is “at large” (Meaning- not under arrest
and detention, as distinguished from: - “fugitive from justice”)
The term “at large” is not synonymous to “fugitive from justice”, the
former not being a wanted person in the eyes of the law, and therefore
cannot be lawfully arrested without a warrant. The later is necessarily an
escapee from detention or an escaped prisoner while serving sentence
by virtue of a final judgment rendered by a court of competent jurisdiction
that can be legally arrested (par. [c], Sec. 5, Rule 113, Rules of Court
without the necessity of the court.
5. Police Operation distinguished from Police Investigation
A. Police Operation is a lawful clandestine intelligence and detective
networking to gather information and evidences to determine with
certainty the commission of a crime, the identity of the perpetrators
thereof, and as may be necessary, to arrest the culprits under those
instances as authorized by law.
The action whereby a person is subjected to:
1. A warrantless arrest “inflagrante delicto”; or
2. A warrantless arrest in “fresh( hot ) pursuit”; or
3. A warrantless arrest as an incident to the execution of a search
warrant; or,
4. A warrantless search as an incident to a lawful arrest; or
5. An arrest by virtue of a warrant of arrest; or,
6. The arrest of escaped prisoner while serving sentence or temporarily
confined while his case is pending; or
7. While being transferred from one confinement to another.
B. The action of initiating a meticulous inquiry to a formal complaint filed
by the private aggrieved party or public complainant after the fact of the
incident, but no arrest can be legally effected against the suspect as the
circumstances attendant thereto are not those specifically allowed by
law, is what is called Police Investigation.
6. Phases of Investigations
The main objective of a police investigator is to gather all facts in order
to:
A. Phase I - identify the suspect/s through
1. Confession, as defined in Section 29, Rule 130, Rules of Court, is:
“The declaration of an accused expressly acknowledging his guilt of the
charged, may be given in evidence against him.”
”Voluntary”, for purposes of confession, means that the accused speaks
of his free will and accord, without inducement of any kind, and with a full
and complete Knowledge of the nature and consequences of the
confession, and when the speaking is so free from influences affecting
the will of the accused, at the time the confession was made, that it
renders it admissible in evidence against him (Wharton’s Criminal
Evidence, Sec. 631[a], as cited in page 222, Evidence, by RJ.
Francisco).
2. Admission – an admission is a voluntary acknowledgement in express
terms or by implication, by a party in interest or by another whose
statement he is legally bound, against his interest, of the existence or
truth of a fact in dispute material to the issue.
Admission may either be express or implied. Admission may also be
classified as judicial admission or extra judicial admission.
Express admission is one made in express terms in definite, certain and
unequivocal language. Implied admission are those who may be inferred
from the acts, declaration or omission of a party.
Judicial admission are admissions made in a judicial proceeding. Thus,
Sec 4, Rule 129, of the Revised Rules of Court, expressly provides: -
“An admission, verbal or written made by a party in the course of the
proceedings in the same case does not require proof”
3. Eyewitness testimony – the ideal identification is made by an objective
person who is familiar with the appearance of the accused and who
personally witness the commission of the crime.
4. Circumstantial evidence - in the absence of a confession and
eyewitness, the identification of criminal may be established indirectly by
proving other facts or circumstances from which, either alone or in
connection with other facts, the identity of the perpetrator can be
inferred. Evidence of this nature, usually falls into the following
circumstances.
a. Motive – can be defined as some inner drive, impulse, intention, etc.,
that causes a person to do something or act in a certain way. It may be
inferred from circumstances and from the statement of witnesses that
the suspect could have been motivated by a desire for revenge or
personal gain, or jealousy.
b. Opportunity – is a circumstance which made it possible physically for
the suspect to commit the crime; or in other words, being in a position to
commit the offense. He must have the access to the scene of the crime,
or have been in the vicinity and have the means available to commit the
crime.
c. Intent – is the accomplishment of the act and where it is an element in
the commission of an offense, it must always be proved. To show the
identity of the criminal, intent must establish that the criminal is aware of
the consequences of his acts.
5. Associate evidence – the physical evidence found at the scene of the
crime and during the course of the investigation may serve to identify the
criminal by means of clue materials, personal property, or the
characteristic pattern of procedure deduced from the arrangement of
objects at the crime scene.
(Sec.1, Rule 130, Rules of Court, as amended), explained. Object (real)
evidence or Physical evidence is the evidence of the highest order. It
speaks more eloquently than a hundred witnesses (People vs. Parcilla,
167 SCRA 722). This is the best form of evidence.
The handgun used in killing the victim is the best evidence in a case of
homicide or murder. In a case of robbery, the force upon things like
forced entry to the window shown by broken jealousy or the recovered
stolen articles found in the possession of the suspect are the best
physical evidence.
B. Phase II - Locate and apprehend suspect/s
The second phase of Investigation is concerned with locating and
apprehending the offender. This is not only frustrating but dangerous on
the part of the investigator. Locating and apprehending the suspect/s
can be done through the use of informants, by conducting surveillance,
and by conducting undercover assignments.
C. Phase III - Gather and provide evidence to establish the guilt of the
accused.
In proving the guilt of the accused in court, the fact of the existence of
the crime must be established; the accused must be identified and
associated with the crime scene; competent and credible witnesses must
be available; and physical evidence must be appropriately identified. The
investigator must know by heart the elements of a specific crime.
7. Tools of an Investigator in Gathering Facts
A. Information – Data gathered by an investigator from other persons
including the victim himself and from:
1. Public records- information gathered from records and files of the
Police, other law enforcement agencies, Company records, Public
Hospital records and others.
2. Private records- information gathered from cultivated sources such as
paid informants, bartenders, taxi drivers, and vendors and from the
internet such as facebook, and others.
3. Modus Operandi file- information gathered from a CCTV camera,
witnesses, and arrested suspect/s, and from Police and other law
enforcement files.
An effective criminal investigation requires accurate information.
Information is required about the characteristics and peculiarities of
previous cases similar to the one under current investigation; guidance
towards suspect identification, development of leads. Of the three tools
of investigation, Information is the most important since it answers the
question- “WHO IS THE VICTIM?” If identified, and “WHO DID IT?” so
as to the identity of the suspect.
B. Interview – Skillful questioning of witnesses and suspects.
Interview in crime investigation is very important as the person
interviewed usually gives his account of an incident under investigation
or offers information concerning a person being investigated in his own
manner and words.
In planning an interview, an investigator as a general rule, select a place
which will provide him with a psychological advantage. He should
conduct the questioning as soon as possible after the occurrence.
A Philosophy of Interview:
The RIGHT officer
Asking the RIGHT questions
in the RIGHT manner
At the RIGHT time and in the RIGHT place
Will get the RIGHT answers
C. Instrumentation – Scientific examination of real evidence, application
of instrument and methods of the physical sciences in detecting crime.
The most common use of instrumentation is in connection with the
physical evidence in the case and the limitation of this of this tool of
investigation are set by the clue materials and other traces found at the
scene of the crime. In a good percentage of cases, it will be found that
there is no physical evidence and that Instrumentation is relatively
unimportant. Theft and assault, for example, are usually committed
without leaving physical evidence in the form of traces. In a Homicide,
clue materials and other forms of physical evidence are of paramount
importance. Instrumentation is found most effective in cases where
physical evidence is important.
8. Investigator’s Notebook
A. Purpose: Considering the mass of details and the number of cases in
which in some instances and investigator is handling, it is very possible
that he might forget some details. Many of the details associated with
investigation, while not essential to the report, might become points of
interest to the court when the case is brought to trial. Experienced
investigators employ a notebook to record the relevant details of the
case. During trial, the court allows investigators to consult their notes to
refresh their memory.
B. Recording note: The data of the investigation should be recorded in a
complete, accurate and legible fashion so that in the event another
investigator is required to assume responsibility for the investigation, he
can make intelligent use of the notebook.
C. Since investigative notes are permanent records of information, they
should be written in a manner which furthers this purpose. A good set of
notes will have the following characteristics:
1) in ink: ink does not smudge or fade.
2) Each page identified: The top of each page in the notebook should
bear the investigators name, the date, and case number or number.
3) Concise phrases: notes should be written in concise phrases
containing enough facts to refresh the investigator’s recollection upon a
later review.
4) Details: care should be taken to accurately record names, numbers,
addresses, descriptions and other details. Variations between the
evidence at trial and information in the notebook may prove
embarrassing to the officer and damaging to the case.
5) Negative information: the results of non productive leads should be
included in the notes, so that time is not wasted contacting witnesses or
reexamining areas which have already prove futile.
6) Investigators observations: entries in the notepad contain the “WHO,
WHAT, WHEN, WHERE, WHY and HOW” for each of the following:
The criminal event;
The victim;
The witnesses;
The suspect;
The evidence;
The investigator’s own investigation
7) Providing the “5 W’s and 1H” for each of the above categories will
ensure a complete record of the criminal investigation.
9. Characteristics of an effective investigator
A. Intellectual characteristics - Investigator must try and apply it to their
work. They must know the elements of crime understand and be able to
apply investigative techniques and be able to work with many different
types of people. Exceptional intelligence is not a requisite trait of an
effective investigator; objectively common sense is more important.
B. Psychological characteristics - Effective investigators are emotionally
well balance, detached, inquisitive, suspecting, discerning, self-
disciplined and persevering. Investigation is highly stressful and involves
many decisions. Therefore, it requires emotional stability.
C. Physical characteristics - Effective investigators are physically fit and
have a good vision and hearing. Good health and high energy level are
beneficial because the hours spent performing investigative duties can
be long and demanding. In addition to being physically fit, investigators
are aided by keen vision and hearing. If uncorrected, color blindness,
and farsightedness may impair investigative effectively. Hearing is
especially important when darkness limit vision. Keen hearing helps
estimate the nearness of a suspect, the movement of people, the
direction of gunfire and detonations. In addition, the investigators may
have to listen to words to hear a weak voice from a seriously wounded or
dying person.
10. Functions of the Investigators
A. Provide emergency assistance - If an injured person is on the scene,
arrange for medical attention, identification and removal.
B. Secure the crime scene - If the scene is not fully protected, ensure its
protection by using other policemen or other responsible persons to
keep witnesses, suspects and victim(s) who are present from disturbing
the scene
C. Recording - The investigator begins the process of recording pertinent
facts and details of the investigation the moment he arrives at the crime
scene. (He should record the time when he was initially notified prior to
his arrival). He also writes down the identification of persons involved
and what he initially saw. He also draws a basic sketch of the crime
scene and takes the initial photograph (if a photographer is available,
avail his services). This is to ensure that an image of the crime scene is
recorded before any occurrence that disturbs the scene. As a rule, do
not touch, alter or remove anything at the crime scene until the evidence
has been processed through notes, sketches and photograph, with
proper measurements.
D. Search for, obtain and process physical evidence;
1. Each crime is different, according to the physical nature of the scene
and the crime or offense involved. Consequently, the scene is processed
in accordance with the physical characteristics of the scene and with the
need to develop essential evidentiary facts peculiar to the offense. A
general survey of the scene is always made, however, to note the
location of obvious traces of action, the probable entry and exit points
used by the offender(s) and the size and shape of the area involved.
2. The investigator must collect physical evidence with adequate
sampling considering the quantity available at the crime scene and the
amount needed for the laboratory test. He must also endeavor to collect
standards or known samples for purposes of comparison with those
other physical evidences collected. The evidence and the physical
evidence collected must possess the integrity as evidence and that it
must not come in contact with other substances to avoid contamination.
E. Taking of Sworn Statements of Suspects - The execution of a
suspect’s “Waiver” as stipulated in Art 125 of the RPC shall always be
done in the presence of his chosen counsel or any independent counsel.
F. Taking Sworn Statement/s of the Witnesses
1. Sworn Statement of Affidavit of complainant/s and witnesses must be
taken immediately by the investigator –on- case.
2. Affidavit of arrest of arresting officer must be taken immediately not
later than 24 hours.
3. In inquest cases, the investigator –on- case and the arresting officer/s
shall observe Art.125 of the Revised Penal Code.
G. Preparation of Reports and Filing of Charges
The Investigator- On- Case shall submit the following:
1. Spot Report within 24 hrs to Higher Headquarters;
2. Progress Report;
3. After Operation Report;
4. Final report after the case is filed before the Prosecutor’s office or
court; &
5. Accomplishment Report.
H. Follow-up of Case - The investigator shall conduct police operation to
identify and apprehend suspect/s based on the results of the initial
investigation conducted.
I. Testify in court - The investigator shall endeavor to ensure their
attendance during court hearings. The appearance of the investigator as
a witness before a court of law is the final most severe test of his
efficiency. The preparation of the case is made with the goal of ultimate
presentation before the judge constantly in view.